The community can now have their say on legislation to criminalise the display of Nazi symbols, including the swastika, when used for hate and causing fear.
Attorney-General Elise Archer said the public display of the Nazi swastika or other symbols associated with Nazi ideology, other than for legitimate purposes, is clearly in breach of community and moral standards.
“Our Government is strongly opposed to the use of Nazi symbols which promote hate and cause fear in our community, which is why we committed to ensure our laws appropriately reflect community expectations.
“I encourage everyone interested to view the draft legislation and have their say before submissions close.”
The Police Offences Amendment (Nazi Symbol Prohibition) Bill 2023 seeks to amend the Police Offences Act 1935 to insert an offence prohibiting the display of Nazi symbols by a public act and without legitimate public purpose, if the person knows, or reasonably ought to know, that the symbol is a Nazi symbol.
The offence does not apply to the display of Nazi symbols for legitimate public purposes.
The Bill provides a non-exhaustive definition of a ‘legitimate public purpose’, which includes a display done reasonably and in good faith for a genuine academic, artistic, religious, scientific, cultural, educational or law enforcement purpose.
Collectors or traders in memorabilia with Nazi symbols are not restricted by the Bill unless public display of the symbols is involved, in which case the display would need to be for a legitimate purpose, or the symbols would need to be covered from display.
The Bill and supporting documents is available on the Department of Justice website () along with details on how to provide feedback.
Submissions must be received by 5pm on Monday, 13 February 2023.
